Editor’s note: Already threatened by overfishing, acidification, overheating, the collapse of coral reefs, declining plankton populations, plastic pollution, and deep sea oil drilling, the world’s oceans now face a new threat: mining, disguised as “green.”
“To build a green future, in the next couple of decades the world will need to mine more metal than we’ve mined in our entire history” says Gerard Barron, CEO of The Metals Company.
There’s some truth to that statement – if we wish to meet the rising demand for new technologies, we’d need to see a sharp increase in metal extraction. After all, electric vehicles require 4x the amount of metals found in standard cars, and a single wind turbine requires 340 tonnes of metal.
Here’s the problem: the ‘green future’ he’s selling us is a lie, because what Barron fails to divulge in his upbeat sales pitch, is the ecological upheaval that his company’s plans would surely wreak.
The Metals Company plans to mine the seabed for polymetallic nodules; potato-sized objects containing metals like nickel, copper, and cobalt; essential in the production of the lithium-ion batteries being used for electric cars and (so-called) renewable energy storage.
They’re located (among other places) in the Clarion-Clipperton zone, an area of the Pacific Ocean equivalent in size to the entire Indian Subcontinent. The seabed here (despite the claims of company officials) isn’t simply a ‘vast marine desert’, it’s home to a wide variety of species whose existence depends upon the presence of these nodules.
So, what would the mining process actually look like?
They’re building house-sized machines which would indiscriminately vacuum-up the contents of the seabed and send it to a ship on the surface. This includes an estimated 2 to 6 million cubic feet of marine sediment (granulated rock) per day for every machine in operation, only then to be subsequently dumped right back into the ocean.
It’s been stated that the sediment will be returned to a depth below 1200m. That’s called the Bathypelagic zone (Midnight Zone) – and some animals who live there include viperfish, anglerfish, frill sharks, eels, and sperm whales. These would be among the first creatures to acquire a gill-full of gravel.
But furthermore, the floating particles could be carried throughout the entire water column by powerful currents in a natural process called ‘downwelling’ & ‘upwelling’ – damaging (perhaps fatally) the respiratory systems of billions of fish.
This, plus the impact that light & sound disturbances from mining equipment would have on creatures adapted to conditions of silence & darkness, raises the likelihood of ecosystem collapse. Ocean ecosystems are already threatened by multiple stressors like overfishing, ocean acidification, & plastic pollution – do we really want to add anything else to the list?
The Metals Company claims that seabed extraction is a more ‘sustainable’ method of sourcing metal than land-based mining. Whenever anyone pulls-out the ‘sustainability’ buzzword, two premises need to be addressed:
#1: what are they sustaining? – clearly not biodiversity.
#2: how long do they wish to sustain it for?
The answer to the first question: an industrial way of life. The way of life which propels us to greedily squander nature’s bounty.
The answer to the second question: for as long as there’s anything left of the living world to convert into commodities.
This isn’t about saving the planet. It’s about creating new technologies which will prolong & exacerbate the destruction of the planet, and a false narrative that this is all somehow morally justifiable. Here’s a basic rule: if we consume the Earth at a rate faster than it can regenerate – eventually there won’t be anything left to take. Even Gregory Stone (chief scientist at The Metals Company) acknowledges this:
“On-land commodities are being exhausted…and [the deep sea] is the natural next place to look…these are some of the last resources that the Earth has to give us”.
Are we really prepared to blow-through everything that’s left? To leave no stone (or nodule) left unturned, just so that we can continue driving around in cars & tooting our horns?
The ends don’t really justify the means. Any right-minded, white westerner can reflect upon the cruelty of the transatlantic slave trade and conclude: “Yikes, my ancestors should’ve left the people of West Africa alone”.
Jazz music probably wouldn’t have existed without the transatlantic slave trade. Do I like jazz music? Sure, but you know what I like better? Thriving communities living in environments to which they’re socially and biologically adapted.
Communities like the ocean-dwelling phytoplankton who generate 80% of the Earth’s oxygen, who play a crucial role in atmospheric carbon regulation, and whose future hangs in the balance should deep-sea mining go ahead.
So, what can we do to stop this from happening?
The country of Nauru, which (having signed a contract with The Metals Company) would stand to benefit financially from deep sea mining, have declared that operations will go ahead in 2024, within waters assigned to them by the ISA (International Seabed Authority) – that means we have about two years to stop this.
So far, campaigners such as Greenpeace, WWF, and the government of Fiji have collaborated on a proposed 10-year moratorium (temporary ban) on deep sea mining until more is known about its effects on deep sea ecosystems.
Going a step further, organisations like Blue Planet Society and Pacific Blue Line are calling for an outright ban.
You (the reader) can help by educating yourself more on the subject, by spreading awareness, by signing online petitions, and by joining or organizing demonstrations against deep sea mining…but before you go and do those things, let me finish with a final appeal:
As environmentalists, we might not instinctively care quite as much about the deep sea as we do about other landscapes like rainforests or prairies. We’re land mammals after all; we don’t belong down there, and neither should we strive to assimilate. However, it’s important that we look beyond our human bias, because the deep sea comprises 60% of Earth’s surface. This means that the wellbeing of the ocean is crucial for the wellbeing of the planet as a whole.
Industrialists can’t understand this. They look upon the deep sea as a challenge, as another frontier just waiting to be conquered, and none of the native beings who live there will stand in their way.
We can stand in their way.
Help to stop deep sea mining, before it starts.
Joshua Clinton is a long-term environmental devotee, campaign organizer, & freelance writer. He can be reached at: tr33tantra@gmail.com.
Editor’s note: O Canada!Welcome to the new wild west. If you liked Deepwater Horizon you will love Deep Sea Mining. This statement pretty much sums it up, “countries could have their chance to EXPLOIT the valuable metals locked in the deep sea.”Corporations love to deal withpoorer, less developed countries who can do less by way of supervision because they lack greater resources and capacity.
“Like NORI, TOML began its life as a subsidiary of Nautilus minerals, one of the world’s first deep-sea miners. Just before Nautilus’s project in Papua New Guinea’s waters failed and left the country $157 million in debt, its shareholders created DeepGreen. DeepGreen acquired TOML in early 2020 after Nautilus filed for bankruptcy, the ISA said the Tongan government allowed the transfer and reevaluating the company’s background was not required.”
And mining royalties are paid to the ISA. If this doesn’t sound fishy, I don’t know what does. There never should be a question as to what a corporation’s angle is. Their loyalty always is to the stockholders.
Citizens of countries that sponsor deep-sea mining firms have written to several governments and the International Seabed Authority expressing concern that their nations will struggle to control the companies and may be liable for damages to the ocean as a result.
Liability is a central issue in the embryonic and risky deep-sea mining industry, because the company that will likely be the first to mine the ocean floor — DeepGreen/The Metals Company — depends on sponsorships from small Pacific island states whose collective GDP is a third its valuation.
Mining will likely cause widespread damage, scientists say, but the legal definition of environmental damage when it comes to deep-sea mining has yet to be determined.
Pelenatita Kara travels regularly to the outer islands of Tonga, her low-lying Pacific Island home, to educate fishers and farmers about seabed mining. For many of the people she meets, seabed mining is an unfamiliar term. Before Kara began appearing on radio programs, few people knew their government had sponsored a company to mine minerals from the seabed.
“It’s like talking to a Tongan about how cold snow is,” she says. “Inconceivable.”
The Civil Society Forum of Tonga, where Kara works, and several other Pacific-based organizations have written to several governments and the International Seabed Authority (ISA) to express concerns that their countries may end up being responsible for environmental damage that occurs in the mineral-rich Clarion-Clipperton Zone, an expanse of ocean between Hawai‘i and Mexico.
“The Pacific is currently the world’s laboratory for the experiment of Deep Seabed Mining,” the groups wrote to the ISA, the U.N.-affiliated body tasked with regulating the nascent industry. As a state that sponsors a seabed mining company, Tonga has agreed to shoulder a significant amount of responsibility in this fledgling industry that may threaten ecosystems that are barely understood. And if anything goes wrong in the laboratory, Kara is worried that Tonga’s liabilities could exceed its ability to pay. If no one can pay for remediation, Greenpeace notes, that may be even worse.
“My concern is that the liability from any problem with deep-sea mining will just be too much for us,” Kara says.
Another Pacific Island state, Nauru, notified the ISA in June that a contractor it sponsors is applying for the world’s first deep-sea mining exploitation permits. The announcement triggered the “two-year rule,” which compels the ISA to consider the application within that period, regardless of whether the exploitation rules and regulations are completed by then.
Among the rules that may not be decided upon by the deadline is liability: Who is responsible if something goes wrong? Sponsoring states like Nauru, Tonga and Kiribati — which all sponsor contractors owned by Canada-based DeepGreen, now The Metals Company — are required to “ensure compliance” with ISA rules and regulations. If a contractor breaches ISA rules, such as causing greater damage to ocean ecosystems than expected, the contractor may be held liable if the sponsoring state did all they could to enforce strict national laws.
However, it’s not yet clear how these countries can persuade the ISA that they enforced the rules, nor how they can prove that they are able to control the contractors, when the company is foreign-owned. The responsibility of sponsoring states to fund potentially billions of dollars in environmental cleanup depends on the legal definitions of terms like “environmental damage” and “effective control,” which may be as murky two years from now as they are at present.
Myriad problems may occur in the mining area: sediment plumes may travel thousands of kilometers and obstruct fisheries, or damage could spread into other companies’ areas. Scientists don’t know all the possible consequences, in part because these ecosystems are poorly understood. The ISA has proposed the creation of a fund to help cover the costs, but it’s not clear who will pay into it.
“The scales of the areas impacted are so great that restoration is just not feasible,” says Craig Smith, an oceanography professor emeritus at the University of Hawai‘i, who has worked with the ISA since its creation in 1994. “To restore tens or hundreds of thousands of square kilometers would be probably more expensive than the mining operation itself.”
Nauru voices concerns
Just over a decade ago, before Nauru agreed to sponsor a deep-sea mining permit, the government worried that it was going to find itself responsible for paying those damages. The government wrote to the International Tribunal for the Law of the Sea, voicing concerns about the liability it could incur. As a sponsoring state with no experience in deep-sea mining and a small budget to support it, the delegation wanted to make sure that the U.N. did not prioritize rich countries in charting this new frontier in mineral extraction. Nauru and other “developing” countries should have just as great an opportunity to benefit from mining as other countries with more experience in capital-intensive projects, they argued.
Sponsoring states like Nauru are required to ensure their contractors comply with the law but, the delegation wrote, “in reality no amount of measures taken by a sponsoring State could ever fully ‘secure compliance’ of a contractor when the contractor is a separate entity from the State.”
Seabed mining comes with risks — environmental, financial, business, political — which sponsoring states are required to monitor. According to Nauru’s 2010 request, “it is unfortunately not possible for developing States to perform their responsibilities to the same standard or on the same scale as developed States.” If the standards of those responsibilities varied according to the capabilities of states, the Nauru delegation wrote, both poor and rich countries could have their chance to exploit the valuable metals locked in the deep sea.
“Poorer, less developed states, it was argued, would have to do less by way of supervision because they lacked greater resources and capacity,” says Don Anton, who was legal counsel to the tribunal during the decision on behalf of the IUCN, the global conservation authority.
The tribunal, issuing a final court opinion the next year, disagreed. Each state that sponsored a deep-sea miner would be required to uphold the same standards of due diligence and measures that “ensure compliance.” Legal experts generally regarded the decision well, because it prevented contractors from seeking sponsorships with states that placed lower requirements on their activities. However, according to Anton, the decision meant that countries with limited budgets like Nauru have only two choices when they consider deep-sea mining: either sponsor a contractor entirely, or avoid the business altogether.
According to the tribunal’s decision, “you cannot excuse yourself as a sponsoring state by referring to your limited financial or administrative capacity,” says Isabel Feichtner, a law professor at the University of Würzburg in Germany. “And that of course raises the question: To what extent can a small developing state really control a contractor who might just have an office in that state?”
Nauru had just begun sponsoring a private company to explore the mineral riches at the bottom of the sea Clarion-Clipperton Zone. Nauru Ocean Resources Inc. (NORI), initially a subsidiary of Canada-based Nautilus Minerals, transferred its ownership to two Nauru foundations while the founder of Nautilus remained on NORI’s board. As a developing state, Nauru said, this kind of public-private partnership was the only way that it could join mineral exploration.
Nauru discussed the tribunal’s decision behind closed doors, according to a top official there at the time, and the government sought no independent consultation, hearing only guidance from Nautilus. Two months after the tribunal gave its opinion, Nauru officially agreed to sponsor NORI.
Control
After the tribunal’s decision, the European Union recognized that writing the world’s first deep-sea mining rules to govern companies thousands of miles away would be a tall order for countries with little capacity to conduct research.
The EU, whose member states also sponsor mining exploration, began in 2011 a 4.4 million euro ($5.1 million) project to help Pacific island states develop mining codes. However, by 2018, when most states had finished drafting national regulations, the Pacific Network on Globalization (PANG) found that the mining codes did “not sufficiently safeguard the rights of indigenous peoples or protect the environment in line with international law.” In addition, in some cases countries enacted legislation before civil society actors were aware that there was legislation, says PANG executive director Maureen Penjueli.
“In our region, most of our legislation assumes impact is very small, so there’s no reason to consult widely,” she says. “We found in most legislations is that it is assumed it’s only where mining takes place, not where impacts are felt.”
For Kara, mining laws are one thing, but enforcement is another. Sponsoring states must have “effective control” over the companies they sponsor, according to mineral exploration rules, but the ISA has not explicitly defined what that means. For example, the exploration contract for Tonga Offshore Mining Limited (TOML) says that if “control” changes, it must find a new sponsoring state. When DeepGreen acquired TOML in early 2020 after Nautilus filed for bankruptcy, the ISA said the Tongan government allowed the transfer and reevaluating the company’s background was not required.
Kara questions whether Tonga can adequately control TOML, its management, and its activities. TOML is registered in Tonga, but its management consists of Australian and Canadian employees of DeepGreen. It is owned by the Canadian company. Since DeepGreen acquired TOML, the only Tongan national in the company is no longer listed in a management role.
“It’s not enough to be incorporated in the sponsoring state. The sponsoring state must also be able to control the contractor and that raises the question as to the capacity to control,” Feichtner says.
When Kara’s Civil Society Forum of Tonga and others wrote to the ISA, they argued Canada should be the state sponsor of TOML, considering TOML is owned by a Canadian firm. In response, the ISA wrote that the Tongan government “has no objection” to the management changes, so no change was needed.
“Of all the work they’re doing in the area, I don’t know whether there’s any Tongan sitting there, doing the so-called validation and ascertaining what they do. We’re taking all of this at face value,” Kara says. With few resources to track down people who live in Canada or Australia, Kara is worried that Tonga will not be able to hold foreign individuals accountable for problems that may arise.
In merging with a U.S.-based company, DeepGreen became The Metals Company and will be responsible to shareholders in the U.S. The U.S., however, has not signed on to the U.N. convention that guides the ISA, and as such is not bound by ISA regulations, the only authority governing mining in the high seas.
“What I think is pretty clear is that ‘effective control’ means economic, not regulatory, control,” says Duncan Currie, a lawyer who advises conservation groups on ocean law. “So wherever it is, it’s not in Tonga.”
The risks
On Sept. 7, Tonga’s delegation to the IUCN’s global conservation summit in France joined 80% of government agencies that voted for a motion calling for a moratorium on deep-sea mining until more was known about the impacts and implications of policies.
“As a scientist, I am heartened by their decision,” says Douglas McCauley a professor of ocean science at the University of California, Santa Barbara. “The passage of this motion acknowledges research from scientists around the world showing that ocean mining is simply too risky a proposition for the planet and people.”
Tonga’s government continues to sponsor an exploration permit for TOML. According to the latest information, Tonga and TOML have agreed that the company will pay $1.25 in royalties for every ton of nodules mined. That may amount to just 0.16% of the value of the activities the country sponsors, according to scenarios presented to the ISA by a group from the Massachusetts Institute of Technology. Royalties paid to the ISA and then distributed to countries may be around $100,000.
Nauru’s contract with NORI stipulates that the company is not required to pay income tax. DeepGreen has reported in filings to the U.S. Securities and Exchange Commission that royalties will not be finalized until the ISA completes the exploitation code. With the two-year rule, NORI plans to apply for a mining permit, regardless of when the code is written.
“The only substantial economic benefit [Nauru] might derive is from royalty payments, and these are not even specified yet. and on the other hand, it potentially incurs this huge liability if something goes wrong,” Feichtner says.
Like NORI, TOML began its life as a subsidiary of Nautilus minerals, one of the world’s first deep-sea miners. Just before Nautilus’s project in Papua New Guinea’s waters failed and left the country $157 million in debt, its shareholders created DeepGreen.
“I am afraid that Tonga will be another Papua New Guinea,” Kara says. “If they start mining and something happens out there, we don’t have the resources, the expertise, because we need to validate what they’re doing.”
DeepGreen has said it is giving “developing” states like Tonga the opportunity to benefit from seabed mining without shouldering the commercial and technical risk. DeepGreen did not respond to Mongabay’s requests for comment.
“I’m still trying to figure out their angle. Personally, I think DeepGreen is using Pacific islanders to hype their image. I’m still thinking that we were never really the target. The shareholders have always been their target,” Kara says.
She says she doubts the minerals at the bottom of the ocean are needed for the world to transition away from fossil fuels. In a letter to a Tongan newspaper, Kara wrote, “Deep-sea mining is a relic, left over from the extractive economic approaches of the ’60s and ’70s. It has no place in this modern age of a sustainable blue economy. As Pacific Islanders already know — and science is just starting to learn — the deep ocean is connected to shallower waters and the coral reefs and lagoons. What happens in the deep doesn’t stay in the deep.”
What this adds up to should be clear enough, yet many people who should know better choose not to see it. This is business-as- usual: the expansive, colonizing, progressive human narrative, shorn only of the carbon. It is the latest phase of our careless, self-absorbed, ambition-addled destruction of the wild, the unpolluted, and the nonhuman. It is the mass destruction of the world’s remaining wild places in order to feed the human economy. And without any sense of irony, people are calling this “environmentalism.”1 —PAUL KINGSNORTH
Once upon a time, environmentalism was about saving wild beings and wild places from destruction. “The beauty of the living world I was trying to save has always been uppermost in my mind,” Rachel Carson wrote to a friend as she finished the manuscript that would become Silent Spring. “That, and anger at the senseless, brutish things that were being done.”2 She wrote with unapologetic reverence of “the oak and maple and birch” in autumn, the foxes in the morning mist, the cool streams and the shady ponds, and, of course, the birds: “In the mornings, which had once throbbed with the dawn chorus of robins, catbirds, doves, jays, and wrens, and scores of other bird voices, there was now no sound; only silence lay over the fields and woods and marshes.”3 Her editor noted that Silent Spring required a “sense of almost religious dedication” as well as “extraordinary courage.”4 Carson knew the chemical industry would come after her, and come it did, in attacks as “bitter and unscrupulous as anything of the sort since the publication of Charles Darwin’s Origin of Species a century before.”5 Seriously ill with the cancer that would kill her, Carson fought back in defense of the living world, testifying with calm fortitude before President John F. Kennedy’s Science Advisory Committee and the U.S. Senate. She did these things because she had to. “There would be no peace for me,” she wrote to a friend, “if I kept silent.”6
Carson’s work inspired the grassroots environmental movement; the creation of the Environmental Protection Agency (EPA); and the passage of the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Silent Spring was more than a critique of pesticides—it was a clarion call against “the basic irresponsibility of an industrialized, technological society toward the natural world.”7 Today’s environmental movement stands upon the shoulders of giants, but something has gone terribly wrong with it. Carson didn’t save the birds from DDT so that her legatees could blithely offer them up to wind turbines. We are writing this book because we want our environmental movement back.
Mainstream environmentalists now overwhelmingly prioritize saving industrial civilization over saving life on the planet. The how and the why of this institutional capture is the subject for another book, but the capture is near total. For example, Lester Brown, founder of the Worldwatch Institute and Earth Policy Institute—someone who has been labeled as “one of the world’s most influential thinkers” and “the guru of the environmental movement”8—routinely makes comments like, “We talk about saving the planet.… But the planet’s going to be around for a while. The question is, can we save civilization? That’s what’s at stake now, and I don’t think we’ve yet realized it.” Brown wrote this in an article entitled “The Race to Save Civilization.”9
The world is being killed because of civilization, yet what Brown says is at stake, and what he’s racing to save, is precisely the social structure causing the harm: civilization. Not saving salmon. Not monarch butterflies. Not oceans. Not the planet. Saving civilization. Brown is not alone. Peter Kareiva, chief scientist for The Nature Conservancy, more or less constantly pushes the line that “Instead of pursuing the protection of biodiversity for biodiversity’s sake, a new conservation should seek to enhance those natural systems that benefit the widest number of [human] people…. Conservation will measure its achievement in large part by its relevance to [human] people.”10 Bill McKibben, who works tirelessly and selflessly to raise awareness about global warming, and who has been called “probably America’s most important environmentalist,” constantly stresses his work is about saving civilization, with articles like “Civilization’s Last Chance,”11 or with quotes like, “We’re losing the fight, badly and quickly—losing it because, most of all, we remain in denial about the peril that human civilization is in.”12
We’ll bet you that polar bears, walruses, and glaciers would have preferred that sentence ended a different way.
In 2014 the Environmental Laureates’ Declaration on Climate Change was signed by “160 leading environmentalists from 44 countries” who were “calling on the world’s foundations and philanthropies to take a stand against global warming.” Why did they take this stand? Because global warming “threatens to cause the very fabric of civilization to crash.” The declaration con- cludes: “We, 160 winners of the world’s environmental prizes, call on foundations and philanthropists everywhere to deploy their endowments urgently in the effort to save civilization.”13
Coral reefs, emperor penguins, and Joshua trees probably wish that sentence would have ended differently. The entire declaration, signed by “160 winners of the world’s environmental prizes,” never once mentions harm to the natural world. In fact, it never mentions the natural world at all.
Are leatherback turtles, American pikas, and flying foxes “abstract ecological issues,” or are they our kin, each imbued with their own “wild and precious life”?14 Wes Stephenson, yet another climate activist, has this to say: “I’m not an environmentalist. Most of the people in the climate movement that I know are not environmentalists. They are young people who didn’t necessarily come up through the environmental movement, so they don’t think of themselves as environmentalists. They think of themselves as climate activists and as human rights activists. The terms ‘environment’ and ‘environmentalism’ carry baggage historically and culturally. It has been more about protecting the natural world, protecting other species, and conservation of wild places than it has been about the welfare of human beings. I come at from the opposite direction. It’s first and foremost about human beings.”15
Note that Stephenson calls “protecting the natural world, protecting other species, and conservation of wild places” baggage. Naomi Klein states explicitly in the film This Changes Everything: “I’ve been to more climate rallies than I can count, but the polar bears? They still don’t do it for me. I wish them well, but if there’s one thing I’ve learned, it’s that stopping climate change isn’t really about them, it’s about us.”
And finally, Kumi Naidoo, former head of Greenpeace International, says: “The struggle has never been about saving the planet. The planet does not need saving.”16 When Naidoo said that, in December 2015, it was 50 degrees Fahrenheit at the North Pole, much warmer than normal, far above freezing in the middle of winter.
13 “Environmental Laureates’ Declaration on Climate Change,” European Environment Foundation, September 15, 2014. It shouldn’t surprise us that the person behind this declaration is a solar energy entrepreneur. It probably also shouldn’t surprise us that he’s begging for money.
14 “Wild and precious life” is from Mary Oliver’s poem “The Summer Day.” House of Light (Boston, MA: Beacon Press, 1992).
The New Zealand Supreme Court recently blocked consent for a seabed mining operation that would annually extract 50 million tons of iron ore from the seabed off the coast of South Taranaki.
Environmentalists see this decision as a clear victory, but the mining company has stated its intention to reapply for mining permission.
But experts say it’s unlikely the company, Trans-Tasman Resources Limited (TTR), will be able to regain consent due to fundamental issues with its application, such as the distinct lack of baseline studies on resident marine life and the potential impacts of mining.
Conservationists say seabed mining in this part of New Zealand would cause irreversible damage to the ecosystem and threaten many rare and endangered species.
Conservationists have expressed hope that a New Zealand company whose bid to mine the seabed was blocked by the country’s highest court last month has little chance of winning approval.
The Supreme Court of New Zealand ruled unanimously on Sept. 30 to block consent for the mining operation that would extract millions of tons of iron ore from the seabed off the coast of South Taranaki on the nation’s North Island. Experts say that the decision was primarily based on the finding that mining company Trans-Tasman Resources Limited (TTR) could not illustrate that its activities would not cause “material harm” to the environment.
While TTR seems confident that it will be able to reapply for mining consent, conservationists who have spent years campaigning against seabed mining in New Zealand say the company will not find an easy path due to fundamental issues in its application. For instance, they point out that TTR’s most recent application lacked studies about resident marine life and the impacts of mining on species and the overall ecosystem.
“The company hadn’t done its homework,” Cindy Baxter, chair of Kiwis Against Seabed Mining (KASM), one group that opposed the mining application, told Mongabay in an interview. “It didn’t even have baseline data for where it wanted to mine, so no one can even measure what the [impacts] would be if it went ahead.”
Duncan Currie, an international environmental lawyer who acted as counsel to KASM and Greenpeace Aotearoa, said it would be “extremely difficult” for TTR to get its application reapproved due to this lack of baseline data. He added that researching to obtain this data would be like “throwing the money away” since it would still be unlikely for TTR to prove that mining would not cause material harm to marine life.
TTR’s application proposed to extract 50 million tons of iron-rich sand from a 66 -square -kilometer (23-square-mile) area of the seabed each year over a period of 35 years. But it would take just take 5 million tons of iron-ore each year and dump the remaining 45 million tons of sand back into the ocean.
Conservationists say the mining would have caused irreversible damage to the environment by smothering sensitive rocky coral reef systems with sediment plumes. Mining residue and noise pollution could also threaten the survival of many species, including New Zealand’s little blue penguins (Eudyptula minor) and critically endangered Māui dolphin (Cephalorhynchus hectori maui), experts say. The region has also recently been recognized as a foraging ground for a newly identified population of pygmy blue whales (Balaenoptera musculus brevicauda).
In the lead-up to the Supreme Court decision, there were weeks of hearings and submissions by conservation groups such as KASM and Greenpeace Aotearoa, iwi (Maori tribes), independent scientists and even the fishing industry.
“I’ve campaigned on bottom trawling, and there we were hand in hand with the fishing industry,” Baxter said. “But the fishing industry can see the potential impact to their business … and I think we won really in the process because our environmental arguments were so strong.”
In 2017, New Zealand’s Environmental Protection Agency granted TTR consent on its application to mine the seabed off the coast of South Taranaki. But in 2018, New Zealand’s high court reversed the EPA’s decision. TTR then made an appeal to New Zealand’s court of appeals, but the company was not successful.
“What was interesting there is that the [decision-making] committee specifically said in the recommendation [for the first application] that the applicant should go back and do some of these studies because basically, they hadn’t done [them],” Duncan said. TTR’s latest application still lacked these baseline studies, but did include “new plume modeling,” according to Duncan.
The new plume modeling suggested that the sediment would not cause as much harm to the marine environment as previously thought. Yet Phil McCabe, the Pacific liaison for the Deep Sea Conservation Coalition, told Mongabay that the modeling was “questionable.”
TTR did not respond to Mongabay’s request for comment. But in a statement published shortly after the Supreme Court’s decision, Alan J. Eggers, executive chairman of TTR, said the company was “satisfied” with the court’s decision since it would have the opportunity to reapply.
If TTR does resubmit an application for mining, Baxter said, it will face the same opposition from environmental groups, scientists, iwi and the fishing industry.
“We’re not going to go away,” she said. “We’re not going to suddenly give up and not bother to oppose any application. We’re going to be there every single step of the way.”
McCabe said a way to ensure that deep-sea mining will not occur in the future is for New Zealand to enact a total ban on the activity.
“The world views us as a country that has a pretty strong moral compass for the environment,” McCabe said. “So I think it’s appropriate for us to stand in place of caution on this issue.
Only a few other nations have pursued plans to allow seabed mining within their territorial waters, although none of these ventures have been allowed to proceed due to environmental concerns. For instance, in 2018, the Mexican government rejected a permit for Exploraciones Oceanicas, a subsidiary of U.S.-based Odyssey Marine Exploration, to start mining for phosphate in the seabed of Mexico’s exclusive economic zone, due to the damage it could cause to habitat for loggerhead turtles, gray whales and humpback whales, as well as local fishing grounds. And in Namibia, the high court recently found the company Namibian Marine Phosphate in breach of its license when it conducted trial mining, which put a halt to its activities.
In 2019, the now-defunct company Nautilus received the first ever license to begin seabed mining in Papua New Guinea (PNG) and started exploratory drilling near a network of hydrothermal vents. But before Nautilus could start extracting any minerals, the company went bankrupt, leaving the PNG government with millions of dollars of debt and the local marine environment severely damaged. David Heydon, the former CEO of Nautilus, went on to found Canada-based company DeepGreen, which recently became The Metals Company when it merged with NASDAQ-listed Sustainable Opportunities Acquisition Corporation.
While seabed mining in nations’ territorial waters faces delays, there is a move to start mining in international waters within the next two years. The Pacific island nation of Nauru, which sponsors the Nauru Ocean Resources Inc. (NORI), a subsidiary of The Metals Company, recently triggered a “two-year rule” that would require the International Seabed Authority (ISA), the U.N.-mandated body overseeing seabed mining in international waters, to allow mining to commence with whatever rules and regulations are in place by then.
There is considerable opposition to deep-sea mining in international waters from scientists, conservationists, governments and civil society. At last month’s congress of global conservation authority the IUCN in Marseille, France, delegates voted overwhelmingly in support of a motion that called for a moratorium on deep-sea mining and the reform of the ISA. Government agencies from 37 states voted in favor of the motion, including Germany, a sponsoring state for a deep-sea mining company.
“There’s a number of things that are stacking up in favor of a moratorium,” McCabe said. “And this New Zealand case is another solid, concrete example of this activity being shown to be too destructive.”
Elizabeth Claire Alberts is a staff writer for Mongabay. Follow her on Twitter @ECAlberts.
Editor’s note: Althought this is mostly symbolic, it is a good symbol to use. Much like Free, Prior and Informed Constent is for Indigenious People.
“Today’s historic decision is the culmination of over 40 years of efforts to recognize the right to a safe, clean, healthy, and sustainable environment,” said Sébastien Duyck, senior attorney at the Center for International Environmental Law.
“A victory for every person across the world over profiteering polluters.”
The United Nations Human Rights Council on Friday voted for the first time to formally recognize the right to a clean and sustainable environment, a move that climate campaigners applauded as the hard-won result of activism from grassroots groups and small-island countries.
“Today’s historic decision is the culmination of over 40 years of efforts to recognize the right to a safe, clean, healthy, and sustainable environment,” Sébastien Duyck, senior attorney at the Center for International Environmental Law (CIEL), said in a statement.
“Even though the vast majority of the world recognizes this right, until this afternoon, universal recognition remained elusive,” Duyck added. “Now, thanks to the leadership of a core group of countries including Costa Rica, the Maldives, Morocco, Slovenia, and Switzerland, the right is recognized at the United Nations. This new recognition will serve as a catalyst for institutions and other stakeholders to take steps that better respect, protect, and fulfill the right. It includes, but is not limited to the mobilizing of resources and political will.”
The clean environment resolution passed by a vote 43-0 with China, India, Japan, and Russia abstaining. The United States reportedly opposed the resolution but didn’t have a vote because it’s not currently a member of the U.N. Human Rights Council, thanks to former President Donald Trump’s withdrawal from the body in 2018.
#HRC48 | Resolution A/HRC/48/L.23 Rev.1 on the human right to a safe, clean, healthy and sustainable environment was ADOPTED.
As Reutersreported earlier this week, the U.S. and the United Kingdom—the host of the upcoming COP26 climate summit in Glasgow—were “among a few countries withholding support for a proposal brought at the United Nations that would recognize access to a safe and healthy environment as a human right, prompting criticism that they are undermining their own pledges.”
While the U.K. ultimately voted yes, the nation’s human rights representative complained that the resolution could create “ambiguity” and stressed that the newly approved measure is “not legally binding.”
The resolution states that “the impact of climate change, the unsustainable management and use of natural resources, the pollution of air, land, and water, the unsound management of chemicals and waste, the resulting loss of biodiversity, and the decline in services provided by ecosystems interfere with the enjoyment of a safe, clean, healthy, and sustainable environment, and that environmental damage has negative implications, both direct and indirect, for the effective enjoyment of all human rights.”
To ensure that the right to a safe, clean, healthy, and sustainable environment is secured for people around the world, the resolution encourages countries to build “synergies between the protection of human rights and the protection of the environment, bearing in mind an integrated and multisectoral approach and considering that efforts to protect the environment must fully respect other human rights obligations, including those related to gender equality.”
The document also urges world leaders to “adopt policies for the enjoyment of the right to a safe, clean, healthy, and sustainable environment as appropriate, including with respect to biodiversity and ecosystems.”
Jennifer Morgan, executive director of Greenpeace International, said in a statement that the U.N. Human Rights Council’s vote Friday is “a victory for every person across the world over profiteering polluters” that “will supercharge people-powered efforts to hold governments and corporations accountable for the climate and biodiversity crises.”
“For too long,” Morgan added, “communities around the world had been demanding that this right, enshrined in many national laws and constitutions, be protected globally.”
